feature
stressor, such as being subjected to workplace harassment and bul-lying
that is excessive in duration and/or intensity. Notably, the
Draft Policy confirms that workers will not be entitled to WSIB
benefits for mental stress caused by the employer’s employment-related
decisions or actions. This includes changes to the work to
be performed, disciplining the worker or terminating the employ-ment
relationship.
By compensating workers for work-related chronic men-tal
stress, the WSIA may limit their right to sue for workplace
harassment and bullying. Specifically, workers may be limit-ed
in their ability to commence a variety of civil actions against
their employers, including those for damages for the tort of
harassment (which includes workplace harassment and is an
independent cause of action in Ontario), or for the tort of inten-tional
infliction of mental suffering. Workers may also be limited
in their ability to sue for constructive dismissal due to a poi-sonous
work environment, or for discrimination that results in
chronic mental stress for which the worker will now be entitled
to WSIB benefits.
The extent to which Bill 127 limits workers’ rights to sue for
harassment and/or bullying that causes chronic mental stress re-mains
to be seen. However, for employers, this could translate into
a potential reduction in the risk of legal action by employees who
allege harassment and chronic mental stress in the workplace –
even if that stress can be directly connected to workplace conduct.
That said, by virtue of the employer obligations under the WSIA,
compensable chronic mental stress claims will result in involve-ment
of the WSIB in efforts to return covered workers to work, to
the extent possible.
As is always recommended, being proactive and monitoring a
workplace for situations that could increase employee mental stress
is the best approach. Your organization’s workplace violence and ha-rassment
policies should be updated regularly to ensure compliance
with obligations under Ontario’s Occupational Health and Safety Act
(OHSA), and employees should be reminded of their own obliga-tions
as workers under the OHSA, which include an obligation to
report health and safety hazards, such as workplace harassment, to
the employer. This will help ensure employers become aware of con-duct
that may lead to chronic mental stress as early as possible so
that you can take steps to address the alleged conduct before it re-sults
in compensable mental stress under the WSIA.
HR and management teams should also take steps to address
potential areas of employee stress. Ensuring proper staffing lev-els,
separating employees onto different teams when personality
clashes become evident and providing constructive feedback are
all effective tactics to help minimize common stressors. So, too, is
providing adequate leadership training to help managers effective-ly
provide direction and understand their obligations (and their
workers’ entitlements) under key legislation such as the OHSA,
Human Rights Code and WSIA.
Taking these relatively simple steps can deliver a host of benefits,
including increased employee productivity and attendance, lower
employee turnover, improved engagement, fewer WSIB claims
from employees related to chronic mental stress and reduced ex-posure
to fines and penalties resulting from non-compliance. n
Laura Williams is the founder and principle of Williams HR Law
Professional Corporation and Williams HR Consulting, Inc.
ENSURING PROPER STAFFING
LEVELS, SEPARATING
EMPLOYEES ONTO
DIFFERENT TEAMS WHEN
PERSONALITY CLASHES
BECOME EVIDENT AND
PROVIDING CONSTRUCTIVE
FEEDBACK ARE ALL EFFECTIVE
TACTICS TO HELP MINIMIZE
COMMON STRESSORS.
GrAl / Shutterstock.com
30 ❚ OCTOBER 2017 ❚ HR PROFESSIONAL
/www.hrprofessionalnow.ca
